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2018 DIGILAW 909 (KAR)

Shankar S/o Tukaram Gondali v. State of Karnataka

2018-08-20

K.N.PHANEENDRA

body2018
ORDER : 1. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for State. Perused the records. The respondent-police have laid a charge sheet against the accused persons for the offences punishable under Section 302, 201 read with Section 34 of IPC and 3(1) (r), 3 (1) (v) of SC/ST PA Act. The petitioners are respectively arrayed as accused No.3, 2 and 1 in the above said cases. 2. The brief allegations are that: On 05.12.2017, a complaint was lodged by the complainant CW-1 by name Prashant regarding a dead body being lying near Ghadi Detergent Factory situated in Kolar (K) village. The police have registered a case and investigated the matter. During the course of investigation the police secured the presence of Cw-22 and enquired with him as there was some telephonic conversation between the cell phones of the deceased and Cw-22 and thereafter the police came to know about the involvement of the accused persons and they arrested accused No.1 to 4. They also have collected the call details of the deceased and also accused persons. On the basis of that, the police have come to the conclusion that, on 04.12.2017, the accused had called the deceased over phone to a particular place and thereafter all the accused persons 1 to 4 joined together and done away with the life of the deceased. It is specifically alleged that, accused No.1 has caused severe injuries with big knife, (jambia), accused No.2 assaulted with an axe and accused No.3 assaulted with an iron rod and accused No.4 assaulted the deceased with a stone which was later seized from the spot. After arrest of the accused persons, the police have also recorded the voluntary statement of the accused persons and recovered an iron rod from accused No.3 and an axe from accused No.2. The materials particularly blood stained stone and blood mixed mud collected from Tar road were sent to the FSL along with the seized clothes which were said to be on the dead body of the deceased, Those items particularly belong to the deceased i.e., pant, shirt, one pair chappal, brown colour underwear, etc., were found with human blood particularly ‘O’ group blood. Iron rod, axe, knife and stone were also sent to FSL and particularly, article No.3 and 4, one knife and stone were found with ‘O’ Blood group which matches with the blood group of the deceased. However, an iron rod and axe, which were seized, the FSL report shows that bloodstains were disintegrated and results were inconclusive. 3. Looking to the above said facts and circumstances, the prosecution has to prima facie establish the connection between the recovery of axe, knife with accused No.2 and 3 and the same contained the blood group of that of the deceased. Under the above said facts and circumstances, in my opinion, there is a strong material to connect the accused No.1. However, materials are not at this stage, sufficient so far as accused No.2 and 3 are concerned. The prosecution has to prove the case beyond reasonable doubt, so far as involvement of accused No.2 and 3 are concerned. The prosecution only relied upon the call details as well as the voluntary statements of the accused persons and also movement of the accused persons, which has to be established during the course of full-dressed trial. 4. Under the above said facts and circumstances, accused No.1 at this stage is not entitled for grant of bail. Hence the following: ORDER The petitions i.e., Crl. P. Nos.200685/2018 and 200768/2018 are hereby allowed. Whereas Crl. P. No.200769/2018 is hereby rejected. Accused Nos.2 and 3 who are the petitioners noted in the above said two petitions shall be released on bail in connection with Special Case No.461/2018 on the file of Additional District and Sessions Judge, Bidar, on following conditions: i. The petitioners-Accused Nos.2 and 3 shall execute their personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety each for the like-sum to the satisfaction of the Additional District and Sessions Judge at Bidar. ii. The petitioners shall not indulge in tampering the prosecution witnesses. They shall appear before the Court on all future hearing dates unless exempted for any genuine reason by the Court. iii. The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the trial Court till the case registered against them is disposed of.